Amendment AA10-SB70

SB70-AA10,280,14 1.   Pension plans

SB70-AA10,280,15 2.   Profit sharing plans

SB70-AA10,280,16 3.   HR-10 KEOGH plans

SB70-AA10,280,17 4.   IRAs

SB70-AA10,280,18 5.   Deferred compensation plans

SB70-AA10,280,19 M.   Other assets not listed elsewhere

SB70-AA10,280,20 II.   Obligations (total outstanding balance):

SB70-AA10,280,21 A.   Mortgages and liens

SB70-AA10,280,22 B.   Credit cards

SB70-AA10,280,23 C.   Other obligations to financial institutions

SB70-AA10,280,25 D.   Alimony, maintenance and child support (per month)

SB70-AA10,281,3 E.   Other obligations (such as other obligations to individuals, guarantees, contingent liabilities)

SB70-AA10,281,4 III.   Annual compensation for services:

SB70-AA10,281,6 (for example, wages and income from self-employment; also include social security,

SB70-AA10,281,7 disability and similar income here)

SB70-AA10,281,8 (IF YOU NEED ADDITIONAL SPACE,

SB70-AA10,281,9 ADD ADDITIONAL SHEETS.)

SB70-AA10,575 Section 575. 767.215 (2) (b) of the statutes is amended to read:

SB70-AA10,281,13 767.215 (2) (b) The name and birthdate of each minor child of the parties and each other child born to the wife a party during the marriage, and whether the wife a party is pregnant.

SB70-AA10,576 Section 576. 767.215 (5) (a) 2. of the statutes is amended to read:

SB70-AA10,281,17 767.215 (5) (a) 2. The name, date of birth, and social security number of each minor child of the parties and of each child who was born to the wife a party during the marriage and who is a minor.

SB70-AA10,577 Section 577. 767.323 of the statutes is amended to read:

SB70-AA10,282,7 767.323 Suspension of proceedings to effect reconciliation. During the pendency of an action for divorce or legal separation, the court may, upon written stipulation of both parties that they desire to attempt a reconciliation, enter an order suspending any and all orders and proceedings for such period, not exceeding 90 days, as the court determines advisable to permit the parties to attempt a reconciliation without prejudice to their respective rights. During the suspension period, the parties may resume living together as husband and wife a married couple and their acts and conduct do not constitute an admission that the marriage is not irretrievably broken or a waiver of the ground that the parties have voluntarily lived apart continuously for 12 months or more immediately prior to the commencement of the action. Suspension may be revoked upon the motion of either party by an order of the court. If the parties become reconciled, the court shall dismiss the action. If the parties are not reconciled after the period of suspension, the action shall proceed as though no reconciliation period was attempted.

SB70-AA10,578 Section 578. 767.80 (1) (intro.) of the statutes is amended to read:

SB70-AA10,282,13 767.80 (1) Who may bring action or file motion. (intro.) The following persons may bring an action or file a motion, including an action or motion for declaratory judgment, for the purpose of determining the paternity of a child, or for the purpose of rebutting the presumption of paternity parentage under s. 891.405, 891.407, or 891.41 (1):

SB70-AA10,579 Section 579. 767.80 (1) (c) of the statutes is amended to read:

SB70-AA10,282,16 767.80 (1) (c) Unless s. 767.804 (1) or 767.805 (1) applies, a male person presumed to be the child's father parent under s. 891.405, 891.407, or 891.41 (1).

SB70-AA10,580 Section 580. 767.80 (2) of the statutes is amended to read:

SB70-AA10,282,25 767.80 (2) Certain agreements not a bar to action. Regardless of its terms, an agreement made after July 1, 1981, other than an agreement approved by the court between an alleged or presumed father parent and the mother or child, does not bar an action under this section. Whenever the court approves an agreement in which one of the parties agrees not to commence an action under this section, the court shall first determine whether or not the agreement is in the best interest of the child. The court shall not approve any provision waiving the right to bring an action under this section if this provision is contrary to the best interests of the child.

SB70-AA10,581 Section 581. 767.803 of the statutes is amended to read:

SB70-AA10,283,11 767.803 Determination of marital children. If the father and mother natural parents of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother parent who gave birth were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth record under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children.

SB70-AA10,582 Section 582. 767.804 (1) (a) 4. of the statutes is amended to read:

SB70-AA10,283,14 767.804 (1) (a) 4. No other male person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

SB70-AA10,583 Section 583. 767.805 (title), (1), (1m), (2) (a) and (b) and (3) (title) and (a) of the statutes are amended to read:

SB70-AA10,283,22 767.805 (title) Voluntary acknowledgment of paternity parentage. (1) Conclusive determination of paternity parentage. A statement acknowledging paternity parentage that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive determination, which shall be of the same effect as a judgment, of paternity parentage.

SB70-AA10,283,24 (1m) Minor parent may not sign. A minor may not sign a statement acknowledging paternity parentage.

SB70-AA10,284,4 (2) (a) A statement acknowledging paternity parentage that is filed with the state registrar under s. 69.15 (3) (b) 3. may be rescinded as provided in s. 69.15 (3m) by a person who signed the statement as a parent of the child who is the subject of the statement.

SB70-AA10,284,9 (b) If a statement acknowledging paternity parentage is timely rescinded as provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with respect to the male person who signed the statement as the father parent of the child unless the male person is adjudicated the child's father parent using the procedures set forth in this subchapter, except for this section.

SB70-AA10,284,15 (3) (title) Actions when paternity parentage acknowledged. (a) Unless the statement acknowledging paternity parentage has been rescinded, an action affecting the family concerning custody, child support or physical placement rights may be brought with respect to persons who, with respect to a child, jointly signed and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a statement acknowledging paternity parentage.

SB70-AA10,584 Section 584. 767.805 (4) (intro.) of the statutes is amended to read:

SB70-AA10,284,20 767.805 (4) Orders when paternity parentage acknowledged. (intro.) In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents parentage of the child had notice of the hearing, the court shall make an order that contains all of the following provisions:

SB70-AA10,585 Section 585. 767.805 (4) (d) of the statutes is amended to read:

SB70-AA10,285,5 767.805 (4) (d) 1. An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth childbirth by the parent who did not give birth. The amount established may not exceed one-half of the total actual and reasonable pregnancy and birth expenses. The order also shall specify the court's findings as to whether the father's parent who did not give birth has an income that is at or below the poverty line established under 42 USC 9902 (2), and shall specify whether periodic payments are due on the obligation, based on the father's parent's ability to pay or contribute to those expenses.

SB70-AA10,285,9 2. If the order does not require periodic payments because the father parent has no present ability to pay or contribute to the expenses, the court may modify the judgment or order at a later date to require periodic payments if the father parent has the ability to pay at that time.

SB70-AA10,586 Section 586. 767.805 (5) (a) and (b) of the statutes are amended to read:

SB70-AA10,285,15 767.805 (5) (a) A determination of paternity parentage that arises under this section may be voided at any time upon a motion or petition stating facts that show fraud, duress or a mistake of fact. Except for good cause shown, any orders entered under sub. (4) shall remain in effect during the pendency of a proceeding under this paragraph.

SB70-AA10,285,22 (b) If a court in a proceeding under par. (a) determines that the male person is not the father parent of the child, the court shall vacate any order entered under sub. (4) with respect to the male person. The court or the county child support agency under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15 (1) (b), to remove the male's person's name as the father parent of the child from the child's birth record. No paternity action may thereafter be brought against the male person with respect to the child.

SB70-AA10,587 Section 587. 767.805 (6) (a) (intro.) of the statutes is amended to read:

SB70-AA10,285,25 767.805 (6) (a) (intro.) This section does not apply unless all of the following apply to the statement acknowledging paternity parentage:

SB70-AA10,588 Section 588. 767.855 of the statutes is amended to read:

SB70-AA10,286,13 767.855 Dismissal if adjudication not in child's best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem or the child's mother if she is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child is not in the best interest of the child, dismiss the action with respect to the male, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male, the court or supplemental court commissioner is not required to order those genetic tests.

SB70-AA10,589 Section 589. 767.863 (1m) of the statutes is amended to read:

SB70-AA10,286,25 767.863 (1m) Paternity allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity of a child who was born to a woman while she was married, if a male person other than the woman's husband spouse alleges that he, not the husband woman's spouse, is the child's father biological parent, a party, or the woman if she is not a party, may allege that a judicial determination that a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

SB70-AA10,590 Section 590. 767.87 (1m) (intro.) of the statutes is amended to read:

SB70-AA10,287,6 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father parent of the child other than the mother, at the earliest possible of the following:

SB70-AA10,591 Section 591. 767.87 (8) of the statutes is amended to read:

SB70-AA10,287,12 767.87 (8) Burden of proof. The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405, 891.407, or the nonexistence of parentage presumed under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

SB70-AA10,592 Section 592. 767.87 (9) of the statutes is amended to read:

SB70-AA10,287,17 767.87 (9) Artificial insemination; natural father parent . Where If a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

SB70-AA10,593 Section 593. 767.883 (1) of the statutes is amended to read:

SB70-AA10,288,14 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity parentage and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father parent is or is not the father parent of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified male person, the prior issue of whether the husband mother's spouse was not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody, and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

SB70-AA10,594 Section 594. 769.316 (9) of the statutes is amended to read:

SB70-AA10,288,18 769.316 (9) The defense of immunity based on the relationship of husband and wife between spouses or parent and child does not apply in a proceeding under this chapter.

SB70-AA10,595 Section 595. 769.401 (2) (a) of the statutes is amended to read:

SB70-AA10,288,20 769.401 (2) (a) A parent or presumed father parent of the child.

SB70-AA10,596 Section 596. 769.401 (2) (g) of the statutes is repealed.

SB70-AA10,597 Section 597. 815.20 (1) of the statutes is amended to read:

SB70-AA10,289,10 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and taxes, and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $75,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and each spouse may claim a homestead exemption of not more than $75,000. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

SB70-AA10,598 Section 598. 822.40 (4) of the statutes is amended to read:

SB70-AA10,289,15 822.40 (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife between spouses or parent and child may not be invoked in a proceeding under this subchapter.

SB70-AA10,599 Section 599. 851.30 (2) (a) of the statutes is amended to read:

SB70-AA10,289,21 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife married to each other.

SB70-AA10,600 Section 600. 852.01 (1) (f) 1. of the statutes is amended to read:

SB70-AA10,290,2 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if both survive, or to the surviving maternal grandparent on that side; if both maternal grandparents on that side are deceased, to the issue of the maternal grandparents on that side or either of them, per stirpes.

SB70-AA10,601 Section 601. 852.01 (1) (f) 2. of the statutes is amended to read:

SB70-AA10,290,5 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same manner as to the maternal relations under subd. 1.

SB70-AA10,602 Section 602. 852.01 (1) (f) 3. of the statutes is amended to read:

SB70-AA10,290,9 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.

SB70-AA10,603 Section 603. 854.03 (3) of the statutes is amended to read:

SB70-AA10,290,17 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife 2 spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50 percent of the marital property shall be distributed as if it were the husband's first spouse's individual property and the husband 2nd spouse had survived, and 50 percent of the marital property shall be distributed as if it were the wife's 2nd spouse's individual property and the wife first spouse had survived.

SB70-AA10,604 Section 604. 891.39 (title) of the statutes is amended to read:

SB70-AA10,290,20 891.39 (title) Presumption as to whether a child is marital or nonmarital; self-crimination self-incrimination; birth certificates.

SB70-AA10,605 Section 605. 891.39 (1) (a) of the statutes is amended to read:

SB70-AA10,291,10 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband mother's spouse is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband mother's spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB70-AA10,606 Section 606. 891.39 (1) (b) of the statutes is amended to read:

SB70-AA10,291,19 891.39 (1) (b) In actions affecting the family , in which the question of paternity parentage is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

SB70-AA10,607 Section 607. 891.39 (3) of the statutes is amended to read:

SB70-AA10,292,2 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth record showing the correct facts as found by the court, and shall dispose of the original, with the court's report attached under s. 69.15 (3). If the husband mother's spouse is a party to the action and the court makes a finding as to whether or not the husband mother's spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

SB70-AA10,608 Section 608. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read: